As more Ohio residents rely on Amazon for the delivery of various types of products, more Amazon vans travel through Butler County and throughout the greater Cincinnati and Dayton areas. Yet like other types of delivery services, Amazon vans can be involved in serious crashes. In many cases, the Amazon van driver may be responsible for the accident. Indeed, delivery drivers for Amazon are often on a schedule that requires quick deliveries, and drivers may speed or engage in other dangerous behaviors on the road in order to deliver products at a faster pace. If you or someone you love sustained injuries in a collision with an Amazon delivery van, it is important to find out more about your options for seeking financial compensation. You could be eligible to file an insurance claim or an Amazon van accident lawsuit.
Amazon van crashes in Butler County and throughout Ohio can have a wide range of causes, such as:
After an Amazon van collision, it is important to take steps to preserve your ability to seek compensation. You should make sure to do the following after an Amazon van accident:
Multiple options often exist to prove fault in an Amazon van crash, such as:
One important issue in determining who is liable for an Amazon van accident is whether an Amazon van driver is classified as an independent contractor or an employee of Amazon. Typically, Amazon says that its van drivers are self-employed, or independent contractors. They deliver goods and products through other companies contracted by Amazon. At the same time, Amazon van drivers often drive vans with identifying “Amazon” marks on them. In addition, the drivers wear Amazon clothing or vests. As such, it may be possible that Amazon van accident lawsuits could prove that Amazon is in fact liable for crashes caused by its van drivers under the doctrine of respondeat superior. What is the doctrine of respondeat superior? It says that employers are liable for the injuries caused by their employees’ negligence.
After an Amazon van accident, the first way most people will seek compensation is by filing an insurance claim. It will be critical to determine whether the Amazon van driver has a commercial insurance policy through which you can file a claim for compensation. In order to file a claim through the Amazon van driver’s insurer, you will need to be able to prove that the driver was responsible for the accident. As noted above, there are multiple options for proving fault in Amazon delivery vehicle collisions.
If you cannot file an insurance claim through the Amazon van driver’s policy, you also may be eligible to file a first-party claim through your own auto insurance. You will need to pay your deductible upfront. However, it may be possible to recoup that money through subrogation later on.
How to File a Lawsuit After an Amazon Van Collision
When an insurance claim is insufficient to cover your losses in an Amazon van crash, you may be eligible to file a lawsuit. What will you need to file an Amazon van accident lawsuit? First, you will need to determine who is liable for the crash. To determine fault, you will need to examine the causes of the crash. Often, Amazon van drivers are liable for the collision. At the same time, one or more other parties could be at fault. Examples of parties who could bear responsibility include:
Although Amazon classifies its van drivers as independent contractors, you should also find out about Amazon’s liability. It is possible that more lawsuits for Amazon delivery collisions could lead courts to make an important decision. That decision could ultimately result in Amazon bearing some responsibility for crashes. This issue arose with Uber and Lyft, and those rideshare companies ultimately instituted a $1 million insurance policy. It is possible that Amazon could be required to do something similar.
If you file an Amazon van accident lawsuit, you will typically be able to seek compensatory damages. Under Ohio law, compensatory damages are aimed at compensating a person for their losses. They include economic and non-economic damages.
To be eligible to file an Amazon van accident lawsuit, you will need to make sure that you have filed your lawsuit on time. This issue concerns the statute of limitations. Under Ohio’s personal injury statute of limitations, there is usually a two-year clock. Accordingly, you will need to file your lawsuit within two years from the accident date. If you do not file a lawsuit within that two-year window, your claim can be time-barred.
The statute of limitations for wrongful death lawsuits in Ohio is also two years. If an Amazon van accident resulted in a loved one’s death, a wrongful death case will need to be filed within two years from the date of death.
Amazon van accidents in Butler County can be devastating. Occupants of other motor vehicles can be seriously injured in crashes, and pedestrians and bicyclists can suffer debilitating and deadly injuries. Commercial vehicle drivers owe a duty of care to other motorists on the road, and to pedestrians and bicyclists. If an Amazon van driver caused a collision in which you were injured, it is essential to learn more about seeking compensation. Depending upon the facts of the case, you may be eligible to file an auto insurance claim or to file a lawsuit against one or more at-fault parties. Given that it can be difficult to know whether Amazon van drivers will ultimately be classified as employees or independent contractors for purposes of Amazon’s liability in a crash, it will be important to find out about all available options for obtaining compensation.
An experienced Hamilton Amazon van accident lawyer at our firm can discuss your case with you today. Contact the law firm of Kruger & Hodges to learn more about our services for plaintiffs who have been injured.
